Monday, August 26, 2013
Texas Supreme Court agreed to discuss whether same-sex couples can get divorced
While oral arguments are set to begin November 5, the decision could take months.
The Texas Supreme is set to hear oral arguments in the divorce cases of two same-sex Texas couples on November 5. After the Supreme Court’s ruling on DOMA, the Texas Justices have requested additional briefs in the cases. In each case, Texas Attorney General Greg Abbott appealed to the state’s highest court.
Abbott has made his stance on gay marriage very clear. He’ll do what he can to keep it out of Texas.
The following is from his brief arguing against the legality of gay divorce in Texas. He filed it after SCOTUS handed down its United States v. Windsor opinion.
“As [United States v. Windsor] recognizes, the people of Texas have a sovereign right to define marriage for themselves within their State. They did so by affirming the traditional definition of marriage that had always existed in this State. The purpose of that definition is to support and recognize the unique bond between husband and wife, the fundamental building block of human civilization that provides a stable environment for procreation and promotes the rearing of children by their mother and their father.”
One case, originally filed in Austin, State of Texas v. Angelique Naylor and Sabina Daly, involves a lesbian couple who were granted a divorce in 2010. The other case, filed in Dallas in 2009, involves a gay couple who married in Massachusetts. Abbott intervened in their divorce petition, arguing it violates the state’s ban on same-sex marriage.
Friday, the Texas Supreme Court announced it will consider both cases, and decide whether or not same-sex couples, who were legally married in other states, can obtain a divorce in Texas. While oral arguments are set to begin November 5, the decision could take months.
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